Herter Approves Bill Aimed at All Witnesses Who Refuse to Testify

Massachusetts Governor Christian A. Herter '15 has approved an act making it a criminal offense for a witness to refuse to testify before the State Legislature or any of its commissions on grounds other than those of constitutional privilege.

The new law is apparently aimed at witnesses who refuse to give testimony solely on so-called "grounds of conscience," without invoking the Fifth Amendment, a protection against possible self-incrimination.

Wendell Furry, Professor of Physics, has used the "grounds of conscience" argument in testimony before the McCarthy Congressional committee. He presumably might be liable to prosecution under the new law if he were to refuse testimony on similar grounds before a State Legislative committee such as the Massachusetts Commission on Communism. Furry is known to have testified already at least once at an executive session of the Commission, but could not be prosecuted retroactively under the new act for actions not illegal before it was passed.

The new law provides penalties of imprisonment from thirty days to a year or a fine of from $100 to $1,000.